Can you reclaim

The higher-rate SDLT surcharge for additional residential properties is now 5 percentage points above the standard residential rates for transactions with an effective date on or after 31 October 2024. If you paid the higher rates because you bought your new main home before selling your previous main home, you can generally apply for a refund if the old main home is sold within 36 months. For sales on or after 29 October 2018, HMRC must normally receive the refund claim within 12 months of the sale or 12 months of the filing date of the SDLT return for the new home, whichever is later.

If you have had to pay the higher-rate SDLT surcharge because your old home wasn’t sold by the time you purchased your new home, you need to make sure you reclaim the extra SDLT which has been paid to HMRC. Whilst the form for claiming back the extra SDLT is not complex there is a time limit in which a claim needs to be made.

The time limit is whichever of the following two dates are later:

• 12 months from the sale of the old home; and
• 12 months after the original filing date for the extra SDLT paid on the new home purchase. The SDLT return is normally due within 14 days of the effective date of the purchase. There are two key points to remember:
• A repayment claim can only be made if both the old and the new home were your main residence;
• The old main residence must be sold within 36 months of purchasing the new main residence. It is important to seek professional legal advice to ensure you meet the necessary criteria for reclaiming. If you are unsure whether a refund is available, take advice from a conveyancing solicitor or tax adviser before the claim deadline.lacey@mooreblatch.com .

Useful UK legal and solicitor links

• GOV.UK: Apply for a refund of higher-rate SDLT
• GOV.UK: Higher rates of SDLT for additional properties
• Moore Barlow: Residential property and SDLT changes

This article provides general information only and is not a substitute for legal or tax advice on a specific case.